Tennessee Commerce Bank v. Detweiler

The court incorporates by reference in this paragraph and adopts as the findings and orders
of this court the document set forth below.
Russ Kendig
United States Bankruptcy Judge
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
In re: 	)
) 	CHAPTER 11
JOSEPH J. DETWEILER, 	)
) 	CASE NO. 09-63377
Debtor. 	)
) 	ADV. NO. 09-6105
)
TENNESSEE COMMERCE BANK 	) 	JUDGE RUSS KENDIG
)
Plaintiff, 	) 	MEMORANDUM OF OPINION
) 	(NOT FOR PUBLICATION)
v. 	)
)
JOSEPH 1. DETWEILER, 	)
)
Defendant. 	)
On January 6,2010, the plaintiff, Tennessee Commerce Bank, filed a motion for
summary judgment against the defendant, Joseph 1. Detweiler. The defendant has not responded
to the motion for summary judgment. The motion is now before the Court.
The Court has jurisdiction over this case pursuant to 28 U.S.c. § 1334 and the general
order of reference entered in this district on July 16, 1984. This proceeding is a core proceeding
under 28 U.S.C. § 157(b)(2)(A), (1) and (0).
This opinion is not intended for publication or citation. The availability of this opinion, in
electronic or printed form, is not the result of a direct submission by the Court.
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Sumnlary judgment is governed by Federal Rule of Civil Procedure 56(c), which is made
applicable to bankruptcy proceedings by Federal Rule of Bankruptcy Procedure 7056. Rule 56(c)
provides that summary judgment "should be rendered if the pleadings, the discovery and
disclosure materials on file, and any affidavits show that there is no genuine issue as to any
material fact and that the movant is entitled to judgment as a nlatter of law."
A movant for summary judgment bears the initial burden of pointing out facts in the
record that support the motion for summary judgment. Celotex Corp. v. Catrett, 477 U.S. 317,
323 (1996). If the facts asserted by the movant are not supported by documents filed with the
Court, the movant has not met its burden, and the motion for summary judgment must be denied.
Celotex, 477 U.S. at 323. See also Local R. Bankr. P. 9013-2 (requiring supporting
documentation to be filed with nl0tion).
The Court finds that the plaintiff in this case has not nlet its initial burden of production.
The plaintiff cites the defendant's deposition testimony for the facts that support its clainl under
11 U.S.C. § 523(a)(6). However, the deposition has not been filed with the Court. Furthennore,
the facts have not been stipulated to or admitted to in the pleadings.
Accordingly, the plaintiff s motion for summary judgment is denied.
An order will issue simultaneously with this opinion.
# 	# 	#
Service List:
Tennessee Commerce Bank
381 Mallory Station Road
Suite 207
Franklin, TN 37067-8264
Joseph J. Detweiler
2814 Edison Street NW
Uniontown, OH 44685
Christy A. Prince
65 East State Street
Suite 1800
Columbus, OR 43215
Anthony J DeGirolamo
116 Cleveland Ave., N.W.
Suite 307
Canton, OH 44702
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Scott M Zurakowski
PO Box 36963
4775 Munson St NW
Canton, OR 44735-6963
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